INDIVIDUAL ASSIGNMENT 1 2025
UNIQUE NO.
DUE DATE: 11 MARCH 2025
, CONA021
Individual Assignment 1 2025
Unique No.
Due Date: 11 March 2025
CONSTITUTIONAL LAW
The Impact of Racism on the Right to Education and Access to Quality Education
within a Safe Environment
Introduction
Racism in schools remains a major challenge in South Africa, despite the country’s
transition to democracy in 1994. As highlighted in the article, incidents of racism
continue to hinder the realization of equal educational opportunities for all learners.
According to General Comment No. 13 by the UN Committee on Economic, Social, and
Cultural Rights, the right to education is fundamental for human empowerment and
social progress. However, racism disrupts the four key elements of the right to
education—availability, accessibility, acceptability, and adaptability—thereby
denying learners equal opportunities to access and receive quality education in a safe
environment. This paper examines the impact of racism on education within these four
dimensions, referencing relevant case law, constitutional provisions, and legislation.
1. Availability of Education
Availability refers to the presence of functioning educational institutions and programs
within a country. According to Section 29(1) of the South African Constitution,
everyone has the right to basic education, including adult education. However, racism
affects the availability of quality education by perpetuating disparities in resource
allocation, teacher distribution, and infrastructure development.